Ohio Paid Sick Leave: Employee Rights Under Issue 1 (2026)

Ohio workers now have a legal right to paid sick leave. In November 2024, Ohio voters passed Issue 1, creating the state's first mandatory paid sick leave law. The law requires nearly all Ohio employers to let workers accrue paid sick time — at a rate of one hour for every 30 hours worked.

This guide covers everything Ohio employees need to know about Ohio paid sick leave: who qualifies, how time accrues, what you can use it for, and what to do if your employer denies or punishes you for using it.

If you believe your employer has violated Ohio's paid sick leave rules, understanding your rights is the first step. For broader context on Ohio workplace leave protections, see the Ohio Leave Laws hub.

What Is Ohio's Paid Sick Leave Law?

Issue 1 — officially known as the Ohio Earned Sick and Safe Time Act — amended Ohio law to guarantee earned sick time for most private-sector employees in the state. Before this law, Ohio had no statewide mandate requiring employers to offer paid sick leave. Employers could offer it as a benefit, but nothing required them to do so.

The law changed that. Beginning in 2025, Ohio employers must allow workers to earn paid time off for illness, family care, domestic violence situations, and public health emergencies. The law applies to virtually all private employers in Ohio, regardless of size — though the annual cap on accrued hours differs based on how many people the employer has on payroll.

Ohio joins more than a dozen other states that now guarantee paid sick leave as a legal right, not just an employer courtesy.

Who Is Covered Under Ohio's Paid Sick Leave Law?

Employees Who Qualify

Most Ohio employees are covered, including:

• Full-time employees
• Part-time employees
• Temporary employees
• Seasonal employees

Coverage starts from your first day of employment. You begin accruing paid sick leave immediately, though you may have to wait 90 days before you can use it if you are a new hire.

Who May Not Be Covered

Certain workers may be excluded or treated differently under the law:

• Independent contractors: The law covers employees, not independent contractors. If your employer misclassifies you as a contractor, you may still have rights — consult an employment attorney.
• Federal government employees: Federal workers are governed by federal leave rules, not Ohio's paid sick leave law.
• Employees covered by a collective bargaining agreement (CBA): If your CBA provides equivalent or greater sick leave benefits, different rules may apply.

If you are unsure whether the law covers your situation, the Ohio Department of Commerce's Bureau of Wage and Hour Administration can provide guidance.

How Paid Sick Leave Accrues in Ohio

Accrual Rate

Ohio's paid sick leave accrues at 1 hour for every 30 hours worked. This applies to all hours you work, including overtime hours.

For example:

• Work 30 hours in a week? You earn 1 hour of paid sick leave.
• Work 60 hours in a week? You earn 2 hours of paid sick leave.

There is no minimum number of hours you must work in a day or week to begin accruing. Every hour you work counts toward your total.

Annual Cap by Employer Size

How much paid sick leave you can accrue each year depends on your employer's size:

Once you hit the annual cap, accrual stops until the next benefit year begins. Your employer may choose to offer more generous leave than the law requires — many do — but the law sets the minimum floor.

Carryover Rules

Unused paid sick leave carries over from one year to the next, subject to the same annual caps. You do not lose unused hours simply because the calendar year ends. However, your employer may cap how many hours you carry into the new year at the same limits listed above (80 hours for larger employers, 40 for smaller ones).

Some employers choose to "front-load" the full annual amount at the start of each year rather than having employees accrue hour by hour. If your employer does this and provides the full amount upfront, carryover rules may be handled differently.

When You Can Start Using Leave

New employees must wait 90 calendar days from their start date before using accrued sick leave. After that waiting period, you can access all hours you have accrued up to that point.

Employees who were already employed when the law took effect were able to begin using leave without the 90-day delay.

Approved Uses for Ohio Paid Sick Leave

Ohio law defines specific reasons for which you can use your earned sick time. Your employer cannot deny leave or discipline you for using it for any of these approved purposes.

Your Own Health

You can use paid sick leave when you need time away from work because of:

• An illness, injury, or physical or mental health condition affecting you
• Preventive medical care, such as routine checkups, dental visits, or mental health appointments
• Medical diagnosis, treatment, or recovery

You do not need to be severely ill or hospitalized. A doctor's appointment, a bad migraine, or a mental health day for a diagnosed condition all qualify.

Care for a Family Member

Ohio's paid sick leave law takes a broad view of "family." You can use paid sick leave to care for a family member who has a health condition, is injured, or needs preventive care. Covered family members include:

• Spouse or domestic partner
• Child (biological, adopted, foster, or stepchild)
• Parent (including stepparent or parent of a domestic partner)
• Grandparent or grandchild
• Sibling

This coverage matters for parents of young children, adult children caring for aging parents, and anyone supporting a family member through illness or medical treatment.

Domestic Violence, Sexual Assault, or Stalking

If you or a family member is a victim of domestic violence, sexual assault, or stalking, you can use paid sick leave for:

• Medical attention related to the incident
• Seeking safe housing or relocation services
• Legal proceedings (court dates, protective orders, police reports)
• Attending victim advocacy or counseling programs

This is one of the most critical protections in the law. Workers should not have to choose between their safety and their paycheck. Ohio's paid sick leave law recognizes that.

Public Health Emergencies

You can use paid sick leave when a public health authority closes your workplace, your child's school, or your child's place of care because of a public health emergency. This provision was shaped in part by experiences during the COVID-19 pandemic, when many workers had no paid leave options when facilities shut down.

Employer Obligations Under Ohio's Paid Sick Leave Law

Ohio employers subject to the law must meet several specific requirements.

Posting and Notice

Employers must inform employees of their rights under the earned sick time law. This typically includes:

• Posting a notice in the workplace in a visible location
• Providing written notice to employees at or before their start date

The Ohio Department of Commerce provides an official poster that employers can use to satisfy this requirement.

Recordkeeping

Employers must keep accurate records of:

• Hours worked by each employee
• Paid sick leave accrued by each employee
• Paid sick leave used by each employee

Records must be maintained for at least three years. Employees have the right to request information about their accrued and used leave balances.

Using Existing Policies

If your employer already has a paid time off (PTO) or sick leave policy that meets or exceeds the requirements of Ohio's paid sick leave law, they do not need to create a separate sick leave bank. Your existing PTO bank satisfies the law's requirements as long as you can use that time for any of the qualifying reasons listed above.

Documentation Requests

Employers may request documentation to verify sick leave use, but only in limited circumstances. Generally:

• For absences of three or more consecutive days, an employer may request documentation (such as a doctor's note)
• For shorter absences, documentation requirements are more restricted
• Employers cannot demand documentation that would be difficult or burdensome to obtain, particularly in emergencies

Your employer cannot use a documentation requirement as a way to discourage or deny legitimate sick leave use.

Anti-Retaliation Protections

Ohio's paid sick leave law includes strong anti-retaliation provisions. Your employer cannot take any adverse action against you because you:

• Used or attempted to use paid sick leave
• Filed a complaint about a sick leave violation
• Cooperated in an investigation of a sick leave complaint
• Informed other employees about their rights under the law

Retaliation can take many forms, including:

• Termination or threats of termination
• Demotion or reduction in pay
• Negative performance reviews tied to sick leave use
• Being passed over for promotion
• Increased scrutiny, harassment, or hostility
• Scheduling changes designed to punish you for taking leave

If your employer disciplines you, fires you, or treats you differently because you exercised your sick leave rights, that is illegal retaliation. Ohio's law treats retaliation as a separate violation with its own remedies.

Retaliation connected to sick leave use often overlaps with broader workplace retaliation law. If you believe you were punished for exercising your legal rights, review your situation against Ohio's workplace retaliation protections as well.

How to File a Complaint

If your employer denies your sick leave, retaliates against you, or otherwise violates Ohio's paid sick leave law, you have the right to file a formal complaint.

Where to File

File your complaint with the Ohio Department of Commerce, Bureau of Wage and Hour Administration:

• Website: Ohio Department of Commerce
• Phone: 614-644-2239

The Bureau investigates wage and hour complaints, including earned sick time violations.

What the Bureau Can Do

If the Bureau finds a violation, it can order your employer to:

• Pay you for sick leave that was improperly denied
• Reinstate you if you were terminated in retaliation
• Pay back wages and damages

Statute of Limitations

You have two years from the date of the violation to file a complaint. Do not wait. The sooner you document the problem and file, the stronger your position will be.

Documenting Your Claim

Before filing, gather everything you have:

• Pay stubs showing hours worked
• Written communications denying leave requests
• Any disciplinary notices received after using sick leave
• Records of the sick leave you requested and when
• Witness names, if others observed the denial or retaliation

Written documentation is your most powerful tool. If your employer denied your request verbally, follow up in writing by email and save the response.

Frequently Asked Questions

Does Ohio's paid sick leave law apply to small businesses?

Yes. Ohio's paid sick leave law applies to all private employers, regardless of size. The difference is in the annual cap: employers with fewer than 25 employees must provide up to 40 hours per year, while those with 25 or more employees must allow employees to accrue up to 80 hours per year.

Can my employer require me to find a replacement before using sick leave?

No. Ohio's paid sick leave law does not allow employers to condition your use of sick leave on finding someone to cover your shift. That requirement would effectively deny you the right to use leave.

Can my employer fire me for calling in sick too often?

If your absences are covered by Ohio's paid sick leave law, firing you for those absences could be illegal retaliation. However, if you exhaust your accrued leave balance and continue to miss work beyond what the law protects, your employer may have grounds for discipline. The key question is whether you were using leave for a legally protected reason and whether you had hours available to use.

What happens to my accrued sick leave if I change jobs?

Ohio's paid sick leave law does not require employers to pay out unused sick leave when you leave a job. Accrued sick leave is generally forfeited upon separation unless your employer's policy says otherwise.

How does Ohio's paid sick leave law interact with FMLA?

Ohio's paid sick leave and the federal Family and Medical Leave Act can run at the same time. If you qualify for FMLA and your situation also qualifies under Ohio's paid sick leave law, your employer may require you to use your accrued paid sick leave during FMLA leave. This means you receive pay during FMLA leave rather than taking it unpaid. Consult your employer's leave policy and speak with HR to understand how the two laws interact for your specific situation.

My employer says they already offer PTO — do they still have to follow Ohio's sick leave law?

If your employer's existing PTO policy meets or exceeds Ohio's requirements — meaning you can accrue at least the required hours and use them for any qualifying purpose — the employer does not need to create a separate sick leave bank. The existing policy satisfies the law. However, if the PTO policy is more restrictive (for example, it limits use to vacation only), it does not satisfy Ohio's sick leave requirements.

Related Topics

• Ohio Leave Laws: Family Medical and Workplace Leave Guide
• Ohio FMLA Guide: Federal Leave Rights for Ohio Employees
• Ohio Workplace Retaliation Laws: Know Your Rights
• Ohio Employment Law Overview

Need Help With Your Situation?

If your employer has denied your paid sick leave, disciplined you for using it, or retaliated against you for asserting your rights, you may have a legal claim. Get a free, confidential case review from an employment law professional who can evaluate your specific situation.

Legal Disclaimer

The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.

Official resources:

• Ohio Department of Commerce, Bureau of Wage and Hour Administration: com.ohio.gov | 614-644-2239
• U.S. Department of Labor (FMLA): dol.gov/agencies/whd/fmla | 1-866-487-9243